Excelsior Correspondent
JAMMU, Oct 9: Principal Sessions Judge Kathua, M K Hanjura today awarded life-imprisonment to Naresh Kumar alias Chipu and Shashi Kant alias Gangu, who committed the murder of one Ram Krishan, son of Bua Ditta of Dhalli, Hiranagar.
According to the police case on August 9, 2008, the accused namely Shashi Kant alias Gangu, son of Vijay Kumar of Pathwal, Hiranagar with the assistance of Naresh Kumar alias Chipu, son of Puran Chand stabbed to death Ram Krishan.
Accordingly, a case under Section 302 RPC and 4/25 Arms Act was registered and after completion of investigation challan was presented in the court of law.
After hearing Public Prosecutor Ravi Kumar Gupta for the State whereas Advocate A Salathia for the accused, Principal Sessions Judge observed, “crime under Section 302 RPC attracts the punishment of death or imprisonment for life and fine. The awarding of sentence other than that of death is now the general rule, only ‘special reason’ in the shape of special facts and circumstances in a given case, warrant the passing of the death sentence”.
“The Supreme Court has laid down the guidelines to apply to the facts of each individual case where the question of imposing of death sentence arises, the extreme penalty of death need not to be inflicted except in the rarest of rare case of extreme culpability, before opting for the death penalty, the circumstances of ‘offender’ are also required to be taken into consideration along with the circumstances of crime. Life-imprisonment is the rule and death sentence is an exception”, the Court said.
With these observations, Court awarded life-imprisonment under Section 302 RPC with Section 34 RPC to both the accused. The sentence of life-imprisonment imposed on the accused will be executed unless confirmed by the High Court.
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